Legal Question in Real Estate Law in California

HOA dispute between BOD and a BOD member

Our BOD voted to get a legal opinion on the legality of a vote (change mgmt co). Then signed the contract with new mgmt co and blew off agreed conf call with attorney. The Pres of BOD requested written opinion from attorney along with opinion on issues around vailidity of contact due to questions from attorny about legality of one signing mbrs status on the board, replaced a mbr that had resigned but neither pres or existing mgmt co had seen written resignation. BOD is now attemping to charge back legal expense to Pres for written opinion and additional issues. Pres acted based of believe that board action was placing HOA at risk. Is the Pres protected under by safe harbor and related CA law?


Asked on 10/29/08, 4:23 pm

1 Answer from Attorneys
Richard Pinette Law Office of Richard Pinette, APLC

Re: HOA dispute between BOD and a BOD member

The authority of the board is governed by the HOA documents and California law. Your question is very confusing. Are you the president, a board member or homeowner? There also appears to be two legal opinions: one that the Board approved and a second that the President obtained. In any event, all board members have a judiciary duty to the homeowners. I recommend you speak with an attorney who specializes in HOA's. Good Luck!

NOTICE: No attorney-client or confidential relationship is created through this communication. The information provided is of a general nature only and does not constitute legal advice or a legal opinion and requires that the poster obtain legal advice from an attorney to protect his or her rights.

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Answered on 10/29/08, 6:29 pm


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